Shakil Ansari Sarkar @ Sarkar Vs State of Karnataka

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NC: 2025:KHC:20459 CRL.P No. 7574 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF JUNE, 2025

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7574 OF 2025 (482(Cr.PC) / 528(BNSS)

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BETWEEN:

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SHAKIL ANSARI SARKAR @ SARKAR AGED ABOUT 25 YEARS, S/O MUKAL SARKAR KALIKAPUR, R / A NO.GOS KALIKAPUR VILLAGE, ISLAMPUR THANA, MURSHIDABAD, WEST BENGAL STATE MURSHIDADAD, WEST BENGAL – 742 304

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…PETITIONER

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(BY SRI. RAKSHITH R., ADVOCATE)

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AND:

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STATE OF KARNATAKA BY BENGALURU RURAL RAILWAY PS,

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REP. BY SPP, HIGH COURT OF KARNATAKA, BENGALURU – 560 001

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Digitally signed by CHANDANA B M Location: High Court of Karnataka

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VASANTH KUMAR GR

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S/O NOT KNOWN TO THE PETITIONER,

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AGED ABOUT 45 YEARS,

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PSI (TRAFFIC),

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BANGALORE CITY RAILWAY POLICE STATION, BENGALURU CITY, KARNATAKA – 560 023

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CHIEF SUPERINTENDENT, CENTRAL PRISON, PARAPPANNA AGRAHARA BANGALORE – 560 068

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…RESPONDENTS

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(BY SRI. JAGADEESHA B. N., ADDL. SPP FOR R1 & R2)

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NC: 2025:KHC:20459 CRL.P No. 7574 of 2025

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HC-KAR

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THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ARREST OF PETITIONER DATED 29.11.2024 IN CR.NO.85/2024 OF BENGALURU RURAL RAILWAY P.S. FOR OFFENCE PUNISHABLE UNDER SECTION 20(b)(ii)(C) PENDING ON THE FILE OF XXX ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU IN SPL.C.C.NO.179/2025 AND CONSEQUENTLY DIRECT RESPONDENT NO.3 TO RELEASE THE PETITIONER FROM JUDICIAL CUSTODY.

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THIS PETITION, COMING ON FOR ORDERS , THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition, petitioner seeks the following reliefs:

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“The above name Petitioner humbly pray that this Hon’ble Court be pleased to quash the arrest of Petitioner dated 29.11.2024 in Cr.No.85/2024 of Bengaluru Rural Railway PS for offence punishable under Section 20(b)(ii)Ic) pending on the file of XXX Addl. City Civil & Sessions Judge at Bengaluru in Spl.C.C.No.179/2025 and consequently direct Respondent No.3 to release the petitioner from judicial custody in the interest of justice..”

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Heard learned counsel for the petitioner and learned Addl. SPP for respondent Nos.1 and 2 and perused the material on record.

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In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned

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3 - NC: 2025:KHC:20459 CRL.P No. 7574 of 2025

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HC-KAR

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counsel for the petitioner invited my attention to the material on record in order to point out that the requisite grounds of arrest as mandated under Article 22(1) of the Constitution of India as well as Sections 47 and 48 of BNSS, 2023 have not been issued either to the petitioner or to his relatives and in the light of the decisions of the Apex Court in the cases of Pankaj Bansal Vs. Union of India – (2024) 7 SCC 576, Prabir Purkayastha Vs. State (NCT of Delhi) – (2024) 8 SCC 254 and Vihaan Kumar Vs. State of Haryana – 2025 INSC 162, remand of the petitioner to the judicial custody be quashed and concerned respondents be directed to release the petitioner on bail.

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Per contra, learned HCGP submits that at the time of arrest of the petitioner on 29.11.2024, grounds of arrest were not furnished to the petitioner or to his relatives as required in law and necessary orders may be passed in the instant case.

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A perusal of the material on record will indicate that in the instant case, grounds of arrest have not been furnished or communicated to the petitioner and / or to his relatives, friends etc., as required in law and in the light of the principles enunciated in the aforesaid judgments, I am of the view that the petition deserves to

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NC: 2025:KHC:20459 CRL.P No. 7574 of 2025

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HC-KAR

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be allowed and petitioner is entitled to be released on bail by

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imposing certain conditions.

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In the result, I pass the following:-

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ORDER

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(i) Petition is hereby allowed .

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(ii) The impugned arrest of the petitioner on 29.11.2024 in Crime No.85/2024 registered by the 1^st respondent – Police, pending on the file of XXX Additional City Civil and Sessions Judge, Bengaluru, in Spl.C.C.No.179/2025, is hereby quashed.

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(iii) The 1^st respondent as well as the 3^rd respondent – Jail Authorities are directed to release the petitioner on bail forthwith immediately upon receipt of a copy of this order, subject to the following conditions:

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a) The petitioner shall not directly or indirectly threaten or tamper with the evidence, witnesses etc., of the respondents ;

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b) The petitioner shall not involve in similar offences in future;

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c) The petitioner shall co-operate with the investigation;

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d) The petitioner shall not leave the jurisdiction of this Court without the prior permission of the Court;

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NC: 2025:KHC:20459 CRL.P No. 7574 of 2025

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HC-KAR

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e) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum, to the satisfaction of the Trial Court within a period of two weeks from the date of his release.

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f) The petitioner shall produce his address / identity proof before the Jail authorities at the time of his release.

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g) The petitioner shall mark his attendance before the SHO of the jurisdictional police station between 10.00 a.m. and 02.00 p.m., once in two weeks.

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h) Liberty is reserved in favour of the prosecution as well as the Trial Court to take appropriate action against the petitioner including cancellation of the bail, in the event he violates any of the terms and conditions mentioned above.

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Registry is directed to communicate this order to the 1^st respondent as well as the 3^rd respondent - Jail Authorities, forthwith, without any delay, both electronically and telephonically to enable immediate implementation of this order.

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Hand delivery of this order is permitted.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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BMC List No.: 2

Shakil Ansari Sarkar @ Sarkar v. State of Karnataka

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Shakil Ansari Sarkar @ Sarkar v. State of Karnataka

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